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1 | 1 | 81R1305 UM-D | |
2 | 2 | By: Dutton H.B. No. 907 | |
3 | 3 | ||
4 | 4 | ||
5 | 5 | A BILL TO BE ENTITLED | |
6 | 6 | AN ACT | |
7 | 7 | relating to liability for and payment of the fees of an attorney ad | |
8 | 8 | litem in a suit to collect delinquent ad valorem taxes. | |
9 | 9 | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | |
10 | 10 | SECTION 1. Section 33.49, Tax Code, is amended by amending | |
11 | 11 | Subsection (a) and adding Subsection (c) to read as follows: | |
12 | 12 | (a) Except as provided by Subsections [Subsection] (b) and | |
13 | 13 | (c), a taxing unit is not liable in a suit to collect taxes for court | |
14 | 14 | costs, including any fees for service of process, [an attorney ad | |
15 | 15 | litem,] arbitration, or mediation, and may not be required to post | |
16 | 16 | security for costs. | |
17 | 17 | (c) A taxing unit shall pay the reasonable attorney ad litem | |
18 | 18 | fees approved by the court from the unit's general fund as soon as | |
19 | 19 | practicable after receipt of the attorney ad litem's claim for | |
20 | 20 | payment. The taxing unit is entitled to reimbursement toward the | |
21 | 21 | fees from other taxing units as provided by Subsection (b). | |
22 | 22 | SECTION 2. The changes in law made by this Act apply only to | |
23 | 23 | a suit to collect delinquent ad valorem taxes that is filed on or | |
24 | 24 | after September 1, 2009. | |
25 | 25 | SECTION 3. This Act takes effect September 1, 2009. |